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Judgment
PERUSED the application as also Report dated 20th April, 2004 received from the Registrar, District Forum, Thane.
APPLICANT is the org. complainant in the above complaint, which the District Forum, Thane has finally disposed of vide its order dated 29th January, 2000. The applicant-complainant is required to approach this Commission second time. He has earlier filed Revision Application No. 95/2002 which we disposed of on 7th April, 2003 giving certain directions to District Forum Thane.
The applicant-complainant was required to approach this Commission in the earlier Revision as also present one with the grievances that the application for execution presented by him in respect of order dated 29th January, 2000 was not processed and pursued by District Forum, Thane.
AS is the case that it is not certainly a happy situation for the consumer who is a decree holder who is made to run from pillar to post and virtually the decree in his favour all these days remained a paper decree. Mr. Gai has rendered before us a copy of the application, bearing acknowledgement issued by clerk of District Forum, Thane and acknowledgement shows that original application is tendered on 24th July, 2000. That being so, Report submitted by the Registrar that such application was not received cannot be accepted.
HOWEVER, all said and done, we treat the copy of the application which is made available as stated earlier as being application duly presented by and on behalf of the applicant-complainant and we are issuing directions to the District Forum, Thane that it shall process the said application as being duly presented by and on behalf of the applicant-complainant seeking execution of the decree in question. Since, however, the new procedure is required to be followed in view of recent amendment to the Consumer Protection Act, 1986, we are providing leave to the applicant-complainant that he shall file a separate affidavit in support of the application herein complying with necessary formalities and District Forum, Thane shall tag the said affidavit as being part of application herein. Hence the following order : ORDER 1. Revision stands disposed of with the order/directions as under: (i) District Forum, Thane shall treat the application tendered in its office on 24th July, 2000 by the applicant-complainant for execution. Copy whereof is being forwarded herewith to the District Forum, Thane. (ii) District Forum, Thane shall number the same as an Execution Application in the complaint herein and process as required under the Law and the Rules. (iii) Leave is provided to the applicant-complainant to file affidavit with regard to compliance of the new procedure as mentioned in the body of the judgment within 2 weeks from today. (iv) Revision herein accordingly stands disposed of. (v) Office is directed to forward copy of this order along with application to the District Forum, Thane forthwith. We are granting Hamdast to the applicant''s A.R. to effect the service thereof upon the District Forum, Thane. (vi) We direct District Forum, Thane that it shall ensure disposal of the application expeditiously.
Revision disposed of.